Terrace Rights

File online RTI Application to Municipal Corporation and seek a certified copy of the title deed document filed by the owner of Top Floor before them, study the document and find out as to whether he is having such exclusive rights on the terrace.  It takes just Rs.10/- as RTI fee and Rs.2/- per A4size copy.

Information solicited:

1.Please provide me a certified copy of the sale deed for House No................................, Assessment No...................situated at.......................................in the name of........................filed by the owner which is a record of the corporation.

Law mandates the terrace in an apartment building to be common area. If the inconvenience caused to you is substantial, you may initiate a civil action. As a matter of abundant precaution, you may serve a  legal notice. 

Whether the top floor owner has purchased the terrace or without roof rights ?

The premises pertains to builder's flat, DDA flat or Cooperative Housing/ Group Housing Society as different laws apply to each category of flats qua roof rights.

Consult a local prudent lawyer with relevant sale / conveyance deed to form proper opinion and professional advise.

ANSWER THE QUERIES RAISED BY DR. VASISHTA IN ORDER TO ENABLE THE EXPERTS TO GIVE PEOPER GUIDANCE. 

As per your query, let me tell you that if the roof top was sold prior to the roof right being given to you then dealer had no competence to give you any right on the roof top now. Currently, you should proceed to file a civil suit for cheating against the dealer and get a FIR registered against him.

Now the entire situation depends upon whether your sale deed is perused, since it is very difficult to formulate an opinion on whether you can claim any rights on the roof top.

Hope It Helps

Regards

Kevin M. Paul